Compagnie Gervais Danone v. Precision Formulations, LLC

98 U.S.P.Q.2d 1251 (2009)

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Compagnie Gervais Danone v. Precision Formulations, LLC

Trademark Trial and Appeal Board
98 U.S.P.Q.2d 1251 (2009)

SC

Facts

On February 21, 2007, Precision Formulations, LLC (plaintiff) filed an intent-to-use (“ITU”) application beginning the process of registering the mark “FRUITOLOGY” for various products. Danone (defendant) opposed the application on the ground that it had priority over Precision’s application for a nearly identical mark. There is no dispute that the marks are confusingly similar. Danone based its opposition on the following: on December 6, 2006, Danone had filed an application in France for the mark. On May 11, 2007, the application was granted, and the mark was registered in France. On May 22, 2007, Danone’s mark received international registration. On the same day, Danone filed an application with the United States Patent and Trademark Office to extend the protection of its international registration to the United States. Danone moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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